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14-20 Cedar Glen Bond Ordinance Addendums
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14-20 Cedar Glen Bond Ordinance Addendums
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3/18/2020 2:57:42 PM
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3/18/2020 2:55:23 PM
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City Council - City Clerk
City Council - Document Type
Ordinances
City Counci - Date
3/23/2020
Bill Number
14-20
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payment of Bond Service Charges, and the Borrower shall have no residual interest in any <br /> amounts on deposit in the Project Fund; provided, however, that if an Event of Default occurs <br /> that results in acceleration of the Bonds, Collateral Funds shall be wired directly to the Borrower. <br /> Section 3.5. Borrower Required to Pay Costs in Event Project Fund Insufficient. <br /> If moneys in the Project Fund are not sufficient to pay all Project Costs, the Borrower, <br /> nonetheless, will complete the Project substantially in accordance with the Plans and <br /> Specifications and shall pay all such additional Project Costs from its own funds. The Borrower <br /> shall pay all costs of issuing the Bonds in excess of the amount permitted by paragraph (h) of <br /> Section 2.2 hereof. The Borrower shall not be entitled to any reimbursement for any such <br /> additional Project Costs or payment of issuance costs from the Issuer, the Trustee or any Holder; <br /> nor shall it be entitled to any abatement, diminution or postponement of the Loan Payments. <br /> Section 3.6. Completion Date. <br /> The Borrower shall notify the Issuer and the Trustee of the Completion Date by the <br /> delivery of a Completion Certificate signed by the Authorized Borrower Representative <br /> substantially in the form of Exhibit B attached hereto. The Completion Certificate shall be <br /> delivered as promptly as practicable after the occurrence of the events and conditions referred to <br /> in the Completion Certificate. <br /> Section 3.7. Investment of Fund Moneys. <br /> Any moneys held as part of the Bond Fund, the Project Fund, the Assignment Fund and <br /> the Rebate Fund shall be invested or reinvested by the Trustee in Eligible Investments as <br /> provided in the Indenture. The Issuer shall not direct the Trustee to invest or reinvest in <br /> investments other than Eligible Investments, and the Borrower covenants that it will restrict that <br /> investment and reinvestment and the use of theP roceeds of the Bonds in such manner and to <br /> such extent, if may as any, Y be necessary, after taking into account reasonable expectations at the <br /> time of delivery of and payment for the Bonds or subsequent intentional acts, so that the Bonds <br /> will not constitute arbitrage bonds under Section 148 of the Code. No provision of this <br /> Agreement shall be construed to impose upon the Trustee any obligation or responsibility for <br /> compliance with arbitrage regulations except as provided for in the Indenture. <br /> The Borrower shall provide the Issuer with, and the Issuer may base its certifications as <br /> authorized bythe Bond Resolution on, a certificate of an appropriate em to employee or agent <br /> officer, P Y g <br /> for inclusion in the transcript of proceedings for the <br /> of or consultant to the Borrower oBonds, <br /> P P g <br /> setting forth the reasonable expectations of the Borrower on the date of delivery of and payment <br /> for the Bonds regarding the amount and use of the proceeds of the Bonds and the facts, estimates <br /> and circumstances on which those expectations are based. <br /> Section 3.8. Rebate Fund. <br /> The Borrower agrees to make such payments to the Trustee as are required of it under <br /> Section 5.10 of the Indenture as well as to pay the expenses of any Independent certified public <br /> accounting firm or qualified rebate analyst engaged in accordance with that Section. The <br /> 9 <br />
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